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Bombay High CourtPIL/119/2017disposed off

Rohit Manohar Joshi v. Tree Authority, Thane And ORS.

2019-08-21Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.119 of 2017 WITH CIVIL APPLICATION NO.39 of 2019 IN PUBLIC INTEREST LITIGATION NO.119 of 2017 Rohit Manohar Joshi .. Petitioner/ Applicant

Versus

Tree Authority, Thane and ors .. Respondents WITH CIVIL APPLICATION NO.52 of 2018 IN PUBLIC INTEREST LITIGATION NO.119 of 2017 Vikrant Chandrahas Tawde .. Applicant

Versus

Rohit Manohar Joshi .. Respondents WITH CIVIL APPLICATION NO.56 of 2019 IN PUBLIC INTEREST LITIGATION NO.119 of 2017 M/s.Peer Realty Pvt.Ltd .. Applicant

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Rohit Manohar Joshi .. Respondent WITH

2/3 18.doc CIVIL APPLICATION NO.62 of 2018 IN PUBLIC INTEREST LITIGATION NO.119 of 2017 Rohit Manohar Joshi .. Petitioner/ Applicant

Versus

Tree Authority, Thane and ors .. Respondents ...

Mr. Ankit Kulkarni for the applicant in CAI No. 39/2019 and CAI No.62/2018.

Ms.Kranti L.C for the original petitioner.

Mr.Ram Apte, Sr. Advocate I/b J.G.Reddy for respondent nos.1 to 3.

Mr.Saket Mone with Vishesh Kalra, Sandeep Patil, Subit Chakrabarti i/b Vidhi Partners for respondent no.5. Mr.Bhushan Deshmukh with Krishna Moorthy, Tanvi Shah and Yash Dhakad i/b Wadia Ghandy and Co. for respondent - Piramal Estate Pvt.Ltd.

Mr.Tejesh Dande with Pradeep Shingte, Bharat Gadhavi and Vishal Navale i/b Tejesh Dande and Associates for the applicant in CAI No. 56/2019.

CORAM: PRADEEP NANDRAJOG, C.J.

AND BHARATI DANGRE, J.

DATED : 21st August 2019 P.C:- There is multifariousness and inter mixing of different causes of action in the petition. In the Civil Applications, reliefs have been prayed for which go beyond the pleadings and the reliefs in the main petition.

3/3 18.doc Learned counsel for the petitioner seeks leave of the Court to withdraw the Writ Petition and all Civil Applications right reserve to file separate petitions concerning : (i) challenge to the vires of parts of the Maharashtra Urban Areas Protection and Preservation of Trees Act, 1975 (ii) challenge to the nomination of members of the Tree Authority in different urban areas, which nominations are permissible under Section 3 of the Trees Act, 1975 and (iii) challenge to the decision taken by the Tree Authority, Thane.

Granting leave, the petition and applications are dismissed as not pressed.

SMT. BHARATI DANGRE, J CHIEF JUSTICE